Fair trial

Loss of property due to illegal title. Bad faith pwner. Non violation of the right to respect of property

JUDGMENT Belova v. Russia 15.09.2020 (app. no. 33955/08) see here  SUMMARY Respect for property. Loss of property due to illegal title and acquisition of it in bad faith. The property was returned to the State several years after its purchase by the applicant by intermediate individuals, who were not legalized to enter into the sale. […]

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Anonymous witnesses. The lack of objective grounds for granting anonymity to witnesses violated the right to a fair trial of the accused

JUDGMENT Vasilyev and others v. Russia 22.09.2020 (application no. 38891/08) see here  SUMMARY Anonymous witnesses in a criminal trial. Conviction of the applicants for incitement to hatred and participation in an organization banned due to extremist activity. The applicants alleged that their right to a fair trial had been violated because the national courts had […]

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φυλακές

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020  (app. no.  62775/14) see here  SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

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Formulation of guilt of the accused in a decision for temporary detention and before trial in substance. Violation of the presumption of innocence

JUDGMENT Grubnyk v. Ukraine 17.09.2020 (app.no. 58444/15) see here   SUMMARY Presumption of innocence. Temporary detention of a suspect, the right to liberty and security of a dangerous criminal as opposed to the public’s right to protection from violent attacks. The applicant was arrested for his involvement in a terrorist attack. The charge was amended to […]

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The disciplinary penalty of demotion to a Senior Prosecutor for a misdemeanor investigation into a sexual abuse case did not violate the Convention.

JUDGMENT Čivinskaitė v. Lithuania 15.09.2020 (app. no. 21218/12) see here SUMMARY The case concerned disciplinary proceedings against the applicant, a senior prosecutor, for failing to carry out her duties properly in a high-profile investigation into the alleged sexual abuse of a child. The proceedings led to her demotion. Her case before the European Court dealt […]

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Failure to exercise a national effective remedy for breach of reasonable time in civil proceedings. The application is inadmissible

JUDGMENT Guravska v. Latvia 10.09.2020 (αριθ. 41553/18) see here SUMMARY Reasonable duration of civil proceedings in a civil property dispute. Effective national remedy. The ECtHR found that the applicant had access to a statutory effective remedy in relation to her complaint about the unreasonable length of the civil proceedings, in the form of a constitutional […]

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δικηγόρος

The restriction of the right of access to a lawyer at the pre-trial stage did not affect the overall criminal procedure and the fair trial

JUDGMENT Pervane v. Turkey 08.09.2020  (app. no.  74553/11) see here   SUMMARY Right of access to a lawyer at the pre-trial stage and a fair trial. Overall assessment of the process. The applicant was arrested in an armed clash between PKK members and security forces, possessing a Kalashnikov rifle. At the pre-trial stage, under current law, […]

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A newspaper wrote that the Governor must receive the highest mark for corruption. Convictions for large damages. Violation of freedom of expression

JUDGMENT Timakov and OOO ID Rubezh and Timakov v. Russia  08.09.2020 (app. no. 46232/10 and 74770/10) see here SUMMARY Freedom of expression. Journalist comment that the Governor must receive the highest mark for corruption. Right to a public hearing in a civil case. The journalist and his publishing house were obliged, following court decisions on […]

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Delayed execution of a court decision and unenforced decision violate a fair trial. The authorities have an obligation to assist in the execution of court decisions

JUDGMENT Safonov and Safonova v. Ukraine 18.06.2020 (app. no. 24391/10) see here  SUMMARY Enforcement of judgments, fair trial and right of appeal. The applicants, owners of an apartment, appealed to the domestic courts for recognition of their ownership. They were recognised as the owners of the property  with irrevocable decisions, however the Inventory Office refused […]

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δικηγόρος

The duration of the proceedings exceeding 15 and 10 years was not reasonable. Lack of effective remedies to expedite proceedings. Violation of a fair trial

JUDGMENT Kirinčić and others v. Romania (app. no. 31386/17) and Marić v. Croatia 30.07.2020 (app. no. 9849/15) SUMMARY Reasonable trial time and effective legla remedies to speed up the process. The applicants went to court for compensation for forced expropriation in the first application and for civil liability compensation in the second. The overall process […]

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ECHRCaseLaw

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